Far Garfield, LLC v. Nakodar, Inc. CA2/2

Filed 3/7/16 Far Garfield, LLC v. Nakodar, Inc. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

FAR GARFIELD, LLC, B261735

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC560307) v.

NAKODAR, INC., et al.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Gregory Alarcon, Judge. Affirmed.

Law Offices of Amy Ghosh, Amy Ghosh for Defendants and Appellants.

Allen Matkins Leck Gamble Mallory & Natsis, Patrick E. Breen, George T. McDonnell, Melissa K. Zonne for Plaintiff and Respondent.

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Defendant Nakodar, Inc., defaulted on a loan secured by commercial real property. Plaintiff Far Garfield, LLC, purchased the property at the ensuing trustee’s sale. After the trustee’s deed upon sale was recorded, Far Garfield filed this unlawful detainer lawsuit against Nakodar and its officers Rajinder and Debra Jawa because they refused to vacate the premises. The trial court gave judgment to Far Garfield. We affirm. FACTS In 2009, Nakodar executed a promissory note for $3 million (the Note). The lender was Habib American Bank. The Note required monthly payments of $24,157.80 until either the lender made a demand for immediate repayment or the debt was fully repaid in January 2014. The Note was secured by commercial property in the City of Commerce (the Property) under a deed of trust. In March 2014, the bank sold the Note and trust deed to Rossrock LLC and notified defendants of the assignment. One month later, the trustee under the deed of trust recorded a notice of default, reciting a delinquency of over $2.7 million. A notice of trustee’s sale was recorded on July 17, 2014. At a trustee’s sale in August 2014, Far Garfield made a successful bid of $3.375 million. A trustee’s deed upon sale was recorded on August 19, 2014. On October 1, 2014, Far Garfield served a three-day Notice to Quit: a process server posted a Notice to Quit for each of the defendants in a conspicuous place on the Property and mailed copies to defendants as well. The Jawas declared individual bankruptcy in June 2013. Habib American Bank was not a listed creditor, nor was the debt encompassed by the Note mentioned in the filing. The Jawas amended their bankruptcy petition in August 2014, days before the trustee’s sale, claiming an interest in the Property. The bankruptcy court granted Far Garfield’s motion for relief from the automatic bankruptcy stay on September 30, 2014. The federal court order states that the Jawas “are not the borrowers on the subject loan” and authorizes Far Garfield to enforce its remedies to obtain possession of the Property, including an unlawful detainer action to evict the Jawas, without further order from the bankruptcy court.